Monday, June 29, 2015

Making Sense of the Constitution

SO NOW, UM....according to the U.S. Supreme Court, the United States Constitution guarantees the right of gay people to marry each other. Or, viewed in another way, the U.S. Constitution does nothing to prevent gay marriage, since it doesn't eenmention it, and therefore it is inherently legal in Amrica. In theory, therefore, said constitution has guaranteed the right of gay marriage by failing to prohibit it since Sept 17, 1787, the very day the document went into effect. The court must interpret the constitution, not rewrite it, correct? Therefore, we must assume that gay marriage has always been constitutional, and should have been accepted as legal from the very beginning, but unfortunately, becuase of the limitations of our society and the people who are part of it, only now do we see this truth. At least, that's the way it would seem, based on the court's decision the other day. Of course, those who don't like gay marriage assert that all this is nonsense, and that the court simply got it wrong, and that gay marriage cannot should not be made legal in America by interpreting the consitution and distorting it. Which may well indeed be a valid point of view. Original intent? Five'll get you ten that our founding fathers had no intention of gay marriage being legal, or anything other than a sickness, a perversion, something to be shunned and criminalized. We, however, in our modern world see things differently. We interpret our constitution as we see fit, not as we think its authors intended it to be interpreted, which, if you think about it, makes a lot of sense. The founders are not around to interpret it, but we are, so we must, without trying to guess what they would or might have done or thought. The dirty little secret is; if we could just have enough sense and cooperation to keep our constitution up to date, by either updating or replacing it every so often, as Thomas Jefferson suggested, we would have to spend far less time and effort trying to "interpret it", and more time and effort clearly iunderstanding what it clearly says - to us - because it would have been written by us, not by a group of folks dead for two hundred years. But that would make way too much sense.

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